Al Wakeelo logo

Al Wakeelo

Your Digital Lawyer, Always on Duty

Initializing Secure Chambers

1977 SCMR 4

MUHAMMAD YOUNUS AND 3 Others vs Sardar BAQIR ALI AND Another

Petitioner: MUHAMMAD YOUNUS AND 3 Others VS Respondent: Sardar BAQIR ALI AND Another

Court: Supreme Court of Pakistan Decision Date: 1976-03-03

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Cheema, Salahuddin Ahmad Title: MUHAMMAD YOUNUS AND 3 Others vs Sardar BAQIR ALI AND Another Case No.: Criminal Appeal No. 25 of 1975 Criminal Miscellaneous No. 596-Q of 1974 Date of Judgment:1976-03-03 Reported As: 1977 SCMR 4 Result: Appeal partly allowed

JUDGMENT

JUDGMENT SALAHUDDIN AHMAD, J.-This appeal by special leave of this Court is from on order of a learned Single Judge of the Lahore High Court refusing to quash the proceeding in a case registered against the appellants under sec--tions 406 and 420 read with section 109 of the Pakistan Penal Code pending before a First Class Magistrate, Chunian, District Lahore. The learned counsel has, however, contended that the firm belonged to appellant Muhammad Younus alone as will appear from the complaint, and the money having been given and received by him only, the complaint against the accused other than Muhammad Younus does not lie. On inquiry, Mr. M. Bilal, learned Advocate, appearing on behalf of respondent No. 1 has stated that the receipt was executed by Muhammad Younus alone. Mr. Bilal has also failed to satisfy us that the firm in question is a joint one. In these circumstances we think that the case against appellants Nos. 2, 3 and 4, namely, Badar Younus, Jamal Younus and Pervaiz should be quashed. The appeal is, accordingly, allowed to the extent that the case will proceed in the Court of the Magistrate, Chunian, against appellant Muhammad Younus only and that the case against the other three accused appellants shall stand quashed. We direct that the case be tried out expeditiously.

---

## Page 2

revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Related Legal Research & Directories